State v. Lamphere

McAllister, c. j.

The defendant, Howard Harold Lamphere, was convicted by a jury in Washington county of the crime of burglary not in a dwelling, and sentenced to the penitentiary for a term not exceeding five years, from which judgment he appeals.

At the close of the state’s case the defendant moved the court for a judgment of acquittal on the ground that the state had failed “to establish that any crime had been committed.” The motion was denied and the defendant then presented evidence in his defense, and the state presented evidence in rebuttal. The motion was not renewed after the close of…